TORONTO — Moments after a gun battle started near the Eaton Centre in downtown Toronto on Boxing Day 2005, dozens of people instinctively ducked down for cover, including Jane Creba, her murder trial heard Tuesday.
The 15-year-old high school student had just exited a pizza store where she went to use the washroom, while shopping with her sister.
A few doors away, two groups of young men had congregated inside a Foot Locker store. A minor disagreement escalated into a gun battle on Yonge St., on one of the city’s most crowded streets during its busiest shopping day. At least three weapons were used and possibly as many as five.
Several shots were fired. Six people were wounded, although not seriously.
Creba “heard shots and crouched in order to avoid being fatally shot,” said Crown attorney Kerry Hughes Tuesday, twisting her body in court to try to replicate the actions of the young woman.
But a bullet fired from either a .38 calibre revolver or a .357 Magnum entered below Creba’s shoulder blades and pierced her aorta.
The first of three trials stemming from the shooting nearly three years ago began Tuesday in a Toronto courtroom, where the defendant is not accused of firing the fatal bullet. Instead, J.S.R. (the 20-year-old cannot be named because he was 17 at the time of the incident) is alleged to have fired a 9 mm semi-automatic handgun several times at another individual.
J.S.R. is on trial on a charge of second-degree murder, six counts of attempted murder and weapons offences. At least one person he is accused to have wounded was part of his own group of friends.
The individual accused of firing the shot that killed Creba was described only as someone with a .357 Magnum and a “stop snitching” T-shirt, by Ms. Hughes in her opening address to the jury.
The Ontario Court of Appeal expanded the law earlier this year for situations such as a gun battle in a crowded area. A defendant can be convicted of murder if he fires at someone else, knowing the person might fire back and kill an innocent victim.
J.S.R. was part of a group of 10 men who arrived at a Foot Locker store at about 5 p.m., after coming from the nearby Eaton Centre, said Hughes. “None of the young men had purchased anything,” the prosecutor noted, implying the group was not in the area for Boxing Day shopping.
When the group entered the Foot Locker store they encountered the young man wearing the “stop snitching” T-shirt, who was accompanied by a friend.
A few minutes later he allegedly told a member of the J.S.R. group that “these are my boys” and said he had a .357 Magnum revolver.
Witnesses will testify that the individual left the store and started firing the Magnum firearm. J.S.R. is alleged to have fired the 9-mm Ruger several times during the gun battle. It was not explained who is alleged to have fired the first shot.
J.S.R. was arrested about 40 minutes after the shooting at a nearby subway station with the handgun in his possession, the jury was told.
In describing the eyewitness testimony however, Ms. Hughes detailed anticipated evidence that included different and somewhat generic descriptions of the person who fired the Ruger.
As well, the Crown told the jury that there is evidence linking the gun to Louis Woodcock, who will be tried in an upcoming proceeding.
“J.S.R. did not bring the Ruger downtown. The Crown will show it was in possession of Mr. Woodcock earlier that day,” said Ms. Hughes.
DNA evidence on the handle of the gun is allegedly linked to Woodcock and surveillance video at the Eaton Centre earlier that day, “looks like he is carrying something in his coat,” said Ms. Hughes.
The Crown began its opening arguments last week, but a juror became ill during her address and had to be taken to hospital for observation.
A replacement 12th juror was selected and the trial, which is expected to last two months, was able to resume.
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